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DAVIS COUNTY BOARD OF EDUCATION v. UNDERWOOD

No. 9113.

10 Utah 2d 145 (1960)

349 P.2d 722

DAVIS COUNTY BOARD OF EDUCATION FOR THE USE AND BENEFIT OF ANDERSON LUMBER COMPANY, A UTAH CORPORATION, PLAINTIFF AND RESPONDENT, v. J. LOYD UNDERWOOD, DEFENDANT, PHOENIX INSURANCE COMPANY OF HARTFORD, CONNECTICUT, A CONNECTICUT CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 24, 1960.

Attorney(s) appearing for the Case

Cannon & Hanson, Salt Lake City, for appellant.

Ray, Quinney & Nebeker, C. Preston Allen, Stephen B. Nebeker, Salt Lake City, for respondent.

CROCKETT, Chief Justice.

This is an action by Anderson Lumber Company, supplier, against J. Loyd Underwood, contractor, and his surety, Phoenix Insurance Company, for the value of materials furnished in construction of the South Davis Junior High School in Davis County, Utah. At pre-trial conference it was agreed that there was due Anderson $11,320.16. An issue was reserved for trial: whether the defendant Phoenix was entitled to an offset of $7,713.66, which Underwood...

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